MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING COMMISSION,

WHICH TOOK PLACE ON TUESDAY,

MAY 13, 2008, 7:00 P.M.,

COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN

 

1.   Roll Call

PRESENT:  Eyre, Gaynor, King, Senesac and Svenson

ABSENT:    Brown, Hanna, Kozakiewicz and Mead

OTHERS PRESENT: Keith Baker, Planning Director; Daryl Poprave, Deputy Planning Director; Cheri King, Community Development Specialist and 12 others.

 

            The Chairman announced that Zoning Petition No. 551 has been voluntarily withdrawn in consideration of the concerns of the surrounding neighbors.

 

2.    Approval of Minutes

Moved by Senesac, seconded by King, to approve the minutes of the regular meeting of April 22, 2008 as corrected. Motion passed unanimously.

 

3.   Public Hearing

 

a.    Zoning Petition No. 552 initiated by Three Rivers Corporation on behalf of Dublin enterprises for property located at 4916 N. Saginaw Road, 4920 N. Saginaw Road and 5000 N. Saginaw Road from Regional Commercial to Office Service zoning.

 

Mr. Baker showed an aerial photograph of the subject property.  It is located at the northeast corner of Dublin and North Saginaw Road.  Universal Drive is to the north.  The property is currently zoned Regional Commercial.  It has a Community zoning classification to the south.  The future land use map shows this as commercial development in the future. This property is proposed for use as an adult day center for senior citizens.  It would buffer office to the north and Community to the south.  The proposed rezoning would promote the intent of the zoning code.  This request is seeking a zoning classification that is less intensive than what it is currently zoned.  There have been no changes to this property since the zoning ordinance was adopted.  The proposed zoning is consistent with the surrounding land.  It would be consistent with Community, Office Service and Regional Commercial on either side.  All requirements of the zoning classification could be complied with under the rezoning request.  The proposed rezoning is consistent with the trends in this geographic area.  The property is currently vacant.  Staff is recommending approval of the zoning petition as presented.  Two letters were received in support of this rezoning petition. 

 

Pat Wilson, Executive Director of Senior Services at Trailside Senior Center, stated their current facility is filled to capacity so this is an opportunity to expand in the future.

 

            No one spoke in favor or in opposition.

 

            The public hearing was closed.

 

b.    Zoning Text Amendment No. 147A, initiated by Midland Circle Business Association, Inc. to consider amending the Zoning Ordinance to allow the maximum wall and roof signs to change from 40 square feet to 100 square feet in the Circle zoning district in the City of Midland Zoning Ordinance.

 

Mr. Poprave showed the table from the Zoning Ordinance showing the dimensions of signs allowed in various zoning districts.  The proposed amendment is consistent with the city’s Master Plan.  It states to “protect and promote the viability of various zoning districts”.  The adoption of the master plan placed more emphasis on the future development of this area and this is taking place today.  The rationale for the creation of the new circle district was that this area had similar characteristics to the downtown.  As time has passed, it has become apparent that the circle district is very different from the downtown.  It is more vehicular oriented than pedestrian oriented.  Lots of the businesses are on the arcs of the circle, which makes it challenging for owners of these businesses to get customers into their establishments.   The petitioner is requesting a 150% increase in allowable signage.  Many of the adjacent businesses on Saginaw Road are in the Regional Commercial zoning district and are allowed to have much larger signs.  These businesses in the Circle District are only allowed smaller signs.  Staff recommends that this zoning text amendment be approved as presented.  The Planning Commission has 20 letters in support of this zoning text amendment. 

 

David Ginis, 20 Ashman Circle, is representing the Circle Business District.  Having multiple entrances for many of these businesses poses a problem with the small amount of signage.  If you place a 40 sq. ft. sign at one entrance, how are people made aware of a rear entrance or a side entrance?  Going from a Regional Commercial District to the Circle District encounters a large reduction in signage – from 100 sq. ft. to 40 sq. ft.  This is a significant difference in signage.  Mr. Ginis would like to be able to put some signage on the back of his building as well as on the side of his business.

 

Mark Smith, 2909 Ashman Circle, stated this zoning text amendment does not affect him.  His sign is already larger than what is allowed in this district.  However, larger signs would ease some of the congestion when traffic drives through the circle area looking for a particular business.  If someone is at 40 or 50 sq. ft. now, this would allow additional signs to be placed at multiple entrances, which many of the Circle businesses have. 

 

Andrew Halldorson, Sleepy Hollow Book Store, Ashman Circle, asked if we want to see redevelopment on the Circle.  When he first moved into his store on the Circle, you could have 150 sq. ft. of signage.  It was quite a drop to the current limit of 40 sq. ft.

 

John Quast, 86 Ashman Circle, stated he and his wife own Material Mart on the Circle.  Each of the three times they relocated, they were looking for reasonable signage to advertise their business.  They have adequate signage now, however, they would like to change some of their signage to the rear of their building.  There are about three businesses who have about six parking spaces on the Circle side of the stores, but this is where the majority of their signage is posted.

 

            No one else spoke in opposition to this request.

 

            The public hearing was closed.

 

      c.   Site Plan No. 279 from Wilcox Professional Services on behalf of Bennett Construction, Inc. for site plan review and approval for a 10,620 square foot retail and restaurant located at 221 West Wackerly Street.

 

            Mr. Poprave showed an aerial photograph showing the subject property.  It is south of West Wackerly, north of Northgage.  To the west is the 555 Building.  It is the last phase of Wackerly Square.  The property was part of zoning petition 547, which was rezoned to Community.  Wilcox Professional Services has petitioned for a 10,620 sq. ft. retail and restaurant at this site.  The property is zoned Community. 

 

            Mr. Poprave stated the setbacks are not shown, we need a photometric grid for lighting levels, and we would like to see the zoning boundaries drawn on this site plan.  They are proposing 38 spaces in the parking lot, plus 15 spaces which are shared with an adjacent development.  This provides 53 parking spaces where 52 are required.  This requires 7 trees and 56 shrubs, which have been provided for on the site plan.  All building setbacks have been adhered to.  No additional screening is required, as it is not adjacent to residential development.  Ingress and egress is via existing driveways.  They are sharing a driveway with an existing site (the MCVI building).  They have existing public sidewalks already constructed. The southwest maneuvering lane on the south side of the parcel must be 10 feet from the property line.  This must be moved up.  The dumpster also must be 10 feet from the property line so it must also be moved.  Adequate utilities service this site. 

 

            This site plan must conform with the standard contingencies for all site plans including the following 11 contingency items.

 

            1.         The stormwater detention system is designed and

            constructed in accordance with the City of Midland Engineering Department specifications.

2.         All landscaping shall comply with Article 6 of the Zoning Ordinance.

3.         All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

4.         All signage shall comply with Article 8 of the Zoning Ordinance.

5.         All parking spaces shall comply with Section 5.01D3 of the Zoning Ordinance and shall be delineated by the “box” style striping pattern.

6.         All exterior mechanical equipment shall be screened in accordance with Section 6.02(E)2 of the Zoning Ordinance.

7.         The dumpster shall be set back at least 10 feet from the property line and shall be constructed and screened in accordance with Section 3.15 of the Zoning Ordinance.

8.         The southwest maneuvering lane shall be re-located or eliminated as it does not conform to the 10 foot minimum setback per Section 5.01(B)4c1 of the Zoning Ordinance.

9.         A photometric grid shall be provided to show that the exterior lighting complies with the Zoning Ordinance.

10.       Driveway access easements and shared parking agreements shall be provided.

11.       A “Statement of Conditions” contract shall be executed prior to the issuance of a building permit.

 

            Rich Fosgitt, Wilcox Professional Services, stated they have attempted to meet the current parking requirements.  The building to the west will be very similar in appearance to the existing MCVI building.  There will be potentially two uses in this building.  The front of the building will be a small retail user and the rear of the building will be used as offices.  The building to east will be a take-out restaurant type of facility.  They think they will be able to resolve the 10 foot distance from the south property line and they will submit a revised site plan prior to the next Planning Commission meeting. 

 

            Mr. Eyre asked about the retention pond. How will it not overflow and affect the surrounding properties?  Mr. Fosgitt stated there is an overflow valve that will redirect the water to another drain if the 100 year flood level is achieved. 

 

            Mrs. Svenson asked how people will be able to walk between this proposed building and the MCVI building to the west.  Mr. Fosgitt stated he will address this at the next Planning Commission meeting.

 

            No one spoke in favor or in opposition to the site plan.

 

            The public hearing was closed.

 

4.   Public Comments (not related to agenda items)

 

      None

                                                                     

5.   New Business

 

      None

 

6.    Old Business

 

      a.   Conditional Use Permit No. 29, the request of Renee Johnson for a group child day care home located at 6112 Partridge Lane.

           

            Mr. Baker showed the address of the subject parcel is 6112 Partridge Lane, owned by Renee Johnson.  This is for a group child day care.  The property is zoned RA-1 residential.  The property in question is on Partridge Lane, just south of Wackerly.  The predominant zoning in the area is Residential A-1.  It is near Midland Christian School.  The future land use map shows low and medium density residential land use designations.  A “Group Day Care Home” is defined in Section 2.02 of the Zoning Code as “a private home in which more than six (6) but not more than twelve minor children are given care and supervision for periods of less than twenty-four (24) hours a day.”  Staff recommends approval of the request with the contingencies.

 

            No written public comments have been received to date.  The Planning Commission held a public hearing on April 22nd and will make their recommendation on May 13th.

 

            Renee Johnson, 6112 Partridge Lane, stated she would be happy to answer any questions.  There were no questions

 

            Mr. Senesac stated he feels the contingencies have been met and he will support it.  Mr. Eyre and Mr. King agreed.

           

            It was moved by Eyre, and seconded by Senesac to recommend to City Council approval of Conditional Use Permit No. 29 with the following contingencies:

 

            1.         That no on-premise signs be permitted

            2.         That the hours of operation not extend past 6:00 p.m.

                        Monday through Friday.

            3.         That no exterior or interior alterations to the building be permitted that would otherwise change the character or nature of the dwelling as a residential use.

            4.         That no more than one additional non-resident adult employee be present at any given time.

 

      Vote on the motion:

 

      YEAS:       Eyre, Gaynor, King, Senesac and Svenson

      NAYS:       None

      ABSENT:  Brown, Hanna, Kozakiewicz and Mead

 

      The motion was approved 5-0.

 

      b.   Zoning Petition No. 550 initiated by Wolverine Bank for property located at 1618 Dilloway Drive from Residential A-1 to Office Service.

 

            Mr. Poprave showed an aerial photograph showing the subject property, owned by Wolverine Bank.  It is located north of Dilloway and east of Eastman Avenue.  There are several single-family homes to the east.  The future land use plan shows this property being used as office service.  The existing land use map shows this property as vacant.  There is some Office Service to the north and a church across Eastman Avenue to the west.  This property is surrounded on all sides by Office Service zoning.  The petition is consistent with the Master Plan.  The petition is in accordance with the intent of the zoning ordinance.  The proposed rezoning will eliminate a “spot zone” in the community.  OS is compatible with OS to the north, east and south.  Single-family residential is to the west, but it is across Eastman Avenue. 

 

            Rick Rosinski, 5710 Eastman Avenue, stated this site was graded today and should be seeded tomorrow.  They plan to keep it as green space for the time being. 

 

            Mr. King stated this rezoning is consistent with the future land use plan.  There is nothing there now and he supports this rezoning.  Mr. Eyre stated that it is good to get rid of the “spot zoning”.  Mr. Senesac stated this property was not available when the bank did their big expansion several years ago and this will clean up the zoning in this area.

 

            It was moved by Gaynor and seconded by King to recommend to City Council approval of Zoning Petition No. 550.

 

      Vote on the motion:

 

      YEAS:       Eyre, Gaynor, King, Senesac and Svenson

      NAYS:       None

      ABSENT:  Brown, Hanna, Kozakiewicz and Mead

 

      The motion was approved 5-0.

 

      c.   Zoning Petition No. 551 initiated by Wolverine Bank for property located at 1600 Denver Street from Residential A-1 to Office Service.

 

            This petition has been withdrawn by the petitioner.

 

      d.   Site Plan No. 278 from Wolgast Corporation on behalf of Central Property Development for site plan review and approval for a 50,000 square foot building located at 2837 Schuette Road.

 

            Mr. Baker showed an aerial photograph showing this property is located north of Schuette Drive.  This parcel is to the north and east of their current facility.  The property is zoned Industrial and there is RB Residential to the north, and light industrial on the west and east.  Properties to the north are zoned for residential and there is a school in this area.  Properties to the west and south are developed for industrial purposes.  There is a single point of access.  There is no requirement for sidewalks on industrially zoned property.  One contingency of note would be a requirement to install the fire hydrants in accordance with the guidelines of the City of Midland Fire Department.  This has been done. 

 

            Rob Komyathy, 4835 Towne Center, Saginaw, Michigan, stated this will be a storage center for several of their properties in Midland.  They want to remain in Midland.

 

            Mr. Senesac stated he believes this meets all the criteria and he supports it with the contingencies.  Mr. Gaynor, Mr. King and Mr. Eyre agreed.

 

            It was moved by Gaynor, and seconded by Senesac to recommend to City Council approval of Site Plan No. 278 with the following contingencies:

 

            1.         The stormwater detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

           2.          All landscaping shall comply with Article 6 of the Zoning Ordinance. 

           3.          All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

           4.          All exterior signage shall comply with Article 8 of the Zoning Ordinance.

           5.          All parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be delineated by the “box” style striping.

           6.          The location, access and flow of the proposed fire hydrants shall be in accordance with the City of Midland Fire Department specifications.

 

      Vote on the motion:

 

      YEAS:       Eyre, Gaynor, King, Senesac and Svenson

      NAYS:       None

      ABSENT:  Brown, Hanna, Kozakiewicz and Mead

 

      The motion was approved 5-0.

           

7.    Communications

 

      There were two informational items in the Planning Commission packets.

 

8.  Report of the Chairperson  

 

     None

    

9.    Report of the Planning Director

 

The City of Midland has contracted for new aerial photography of the City so we will have updated aerial photographs to use in presentations in the future.  There will also be oblique imagery, showing the appearance of buildings in their context with surrounding properties.

 

There will be two public hearings at the next Planning Commission meeting, plus decisions on the three public hearings held tonight.

 

10.  Adjourn

Adjournment at 8:22 p.m. was unanimously approved.

Respectfully submitted,

 

 

 

Keith Baker, AICP

Planning Director

 

MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION